Specific Relief Act, 1963–Sec. 16(C)–Decree of specific performance–Sustainability–Issue qua readiness and willingness of plaintiff was not framed by Trial Court–The factum of the burden of proof of this fact being discharged by the plaintiff could not have been concluded–In absence of such issue and burden to prove the same being laid on any of the parties and in absence of the finding of such burden having been discharged, it cannot be concluded that the plaintiffs were ready and willing to perform their part of contract–Matter deserves to be remitted for retrial and decision on the above issue.
